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� _ � � MORTGAGEE: REAL ESTATE MORTGAGE Avco FiN�►Ncia� seRvices '78 0 0 0 4�9 ,«,,,,,r,,,,,,.�„ 1212 WEST 2nd 812067� (iRAND ISI.dND� NEBRASSA �. MORTGAGOR S • � � . . - � � � . �� ..ar x�wc �. n• �r��n,� saousi•e www.c � � � •,w . �.,NEBRASKA � .. . . WITNESSEI'H,.that Mottgagor(�),does mortgage,gtant,bargain,xll,and rnnvey,unto Mortgagee,its sucttswrs or assigm Use following deacnbed Rea(Estau . in the county of R�L ,State of Nebraaka,to wit: - � �� LflT FIVE �5) IN H7ACS TYVENTY-FOII&(24) ZN RIISSELL WHEELI�R�S ADDITION 310 TAS CITY OF f3RAND ISLAP7D� HALL COIINTY� NEBRASRA ' together with aLL buildings and improvements now or hereafter erected thereon and all screens,awnings,shades,storm sash and blinds,and heating,lighting, � � .. � plumbing,gas,.efecUiq ventilating,m[rigerating and air-conditioning equipment used in connection therewith,a!1 of which,for the purpose of this mortgage, . � � ; shall be deeme8 fifrturE!°and subjeat b the lie�hereoC,and the hereditaments and appurtenances pertaining to the property above described,and all streets, � � ' � Ianes,alleys,pasRages,waye,waters,.water courses,rights,liberties and privileges,whatscevez thereunto belonging or in anywise appertaining and the reversions � � � and remainders,all ofav�ich is..tefe�ed;to hereinafter as ihe "premises". ' � . TO HAVE AND TO HOLD the above-described premises,wilh the appurtenances and£xtures,unro the said Mortgagee,its successars and assigns,forever,for � � the pucposes and uses herein set forth,Cree from all rights and benefits under and by virtue of any Homestead Exemption Laws of the S[ate of Nebraska - � � � � � . which may be enacted,which said rights and benefts the said Mortgagor does hereby expressly release and waive. � � � � Mortgagor alao assigns to Mo¢gagee all rents, issues nnd profts of said premises, reserving the right to collect and use the same,with or without taking . . . . po�sesaiop of the,pretnlus,during continuance of default hemunder,and daring continuance of such default authorizing Mortgagee to enter upon said piemiaes �and/or to copect and enforce the same without�regard to ndequacy of any security for the indebtedness hereby secured by any lawfut means including � � �� appointment of a receiver in the name of any party hereto,and to apply the same less costs and expenses ot operation and collection,including reasonable . - attorney's fces,upon any indebtedne;s secured hereby,in such order as Mortgagee may determine. � � � FOR THE PURPOSE OF SECUR[NG: (i) Performance of each agieement of Mortgagor contained herein;(2) Payment of the principat sum with intere�t, . � . as provided in accordanx with the terms and provisions of a Promissory Note/Loan Agreement (hereinafter refeaed to az "promiswry note") . � � � dated� �-1�—'�$ ,hcrewith executed by Mortgagor and payabie to the order of Mortgagee, � � � � in the pcincipat sum of S asQQ (+� ,and having the date oC its final payment due on 7-20—$3 � . � � � or as extended, defened or rexhedWed by renewal or refinance; (3) Paymeni of any additional advances, with intaest therwn, as may hcreafter be . � � � loaned by Mortgagee to Martgagor in a maximum sum of 33.000.00 wilhin IO yeus from the date of this Mortgage:(4)The payment of any � � .. money that may be advanced by the Mortgagee to Mortgagor for any reason or to Ihird pazties,with interest thereon,where the amounts are advanced to - � proteet the aecurity or in accordance with the covenants of this Mortgage;(5) Any renewai,refnancing or extension ot said promissory note,or any other - � � agreement to pay which may be substituted therefor. .� 3 AL payments made by Mortgagor on the obligation secured by this Mortgage shali be apptied in the fo(lowing urder: , FIRST: To the payment of tares and assessments that may be levied and asussed x�ainst said premise:s,insurance premiums, iepairs,and all other � � charges and expenses agreed to be paid by the �fortgagoc. � . � � SECOND: To the payment of interest due on said loan. . � THIRD: To the payment of principal. : � � � TO PROTECI THE SECURITY HEREOF, MORTGAGOR(S) COVENANTS AND AGREES: (1) to keep said premises insured against loss by £ue and � . other hazards, cawalty and contingencies up to the fult value of all improvements Cor the protection of Mortgagee in such mannez,in such amounts,and � � �� � in such companies as Mortgagee may trom time to time approve, and thet loss proceeds pess expense of collection) shutl, at Mortgagee's opdon, be � - . ' applied on said indebtedness, whether due or not or to the restoration oC said improvements. In event of loss Mortgagor will give immediate notice by . mait to[he Mortgagee,who may make proof of loss if not made promptty by Mortgagor,and each insurance company concemed is hereby authorized and � , directed to make paymrnt for such lou d'vectly to the Mortgugee instead of to the Mortgagor.(2) To pay alI taxes and speciat assessments of any kind � . [hat have been or may be levied or assessed upon said premises,and to deliver to Mortgagee, upon requext of the Mortgagee,the of6cial receipt showing � paymrnt of all such taxes and acsessments. (3) In the event of default by Morigagor under Paragraphs I or 2 above, Mortgagee, at its option,may(a) � place and keep such insurance above provided for in force throughout the life of this hiortgage and pay the reasonable premiums and charges therefar.(b) � � � pay all said taxes and assessments without determining the validity thereof; and (c) Pay such liens and all such disbursements shall be deemed a part o! the indebtedness secured by this Mortgage and shall be immediately due and payable by Mortgagor to Mortgagee. (4) To keep the buildings and other � . improvements now existing or hereafter erocted in good condition and repair, not to commit or sulfer any was[e or any �se of said premises contrary to restrictions of record or contrary to taw,and to permit Mortgagee to enter at all reasonable times for Ihe puryose of insvecting the premises: not to � remove or demolish any building thereon;to `estore promptly and in a good and workmanGkc manner any buildings which mny be damaged oc destroyed therrnn, and to pay, when due, all claims for labor perFormed and muteri•als fuznished themfor;(5) That he will pay,promptly [he indebtedness secured . hereby, and perform all othet obligations in full comptiance with the terms of said Promissory Note and this Mortgage;(6)That ffie time of payment of the indebtedness hereby secured,or of any portion thercoC, may be extended or renewed,and any portions oC the premises herein described may,without notice, be released from the lien hereof, without releasing or affecting [he personal Iiabitity of any penon or the priority of this Mortgage;(7) 7'hat he - dces hemby forever warrant and will forever defend the tiUc and possession thereof against the lawfui claims of any •rnd all persuns whatsoevea � ' � - IT IS MUTUALLY AGREED THAT: (1)(f the said Mortgagor shall fail or neslect ro pay installments on said Promissory Note as the same may h�natter . become due,or upon default in performance of any agreement hereunder,or upon sale or other disposition oC the premises by Mortgagor,or shoulJ any � acUon or�proceeding be £led in eny court to enforce any ticn on,claim against or interest in the premises, then all sums owing by the Mortgagor to the � Mor[gagee under this Mortgage or undez the Promissory Note secured hereby shall immediately become due and payable at the option of the Mortgrgee, � � � .on the application of the Mortgagee, or asaignee, or any other person who may be entitled to the monies due thereon. In such event the Mortgagee sha11 � . have the ngh[ immediately to forecloac this mortgage by complaint for that purpose, and such complaint may be prosecuted to judgment and exewtion - and.sale tor the collection of the whole amount of the indebtedness and interest thereon, including reasonable attorney's fees, any amoun[s advanced . pursuanY[o this mortgage, costs of suit, und costs of sale, it permitted by law. (2) [n the event asid premises are sold at u foreclosure sale,Mortgagor(s)shall be tiable for any deficicncy remaining after sale of the premises iC permitted by � law,snd'apptieation of the proaeds of said sate to tbe indebtedness xcured and to the expenses of foreclosure,including Mortgagee's rea.wnahle attomey's . fees and legal expenxs if allowed by law. . �,� . �- �(3)'Mostg6ged shall-be subzogated to the dm�of any and all prior encumbrances,liens or charges paid and discharged from thc proceeds of the toan � ��he�eby secured, and even-though said paior liens have been released of record,the repayment o[said indebtedness shall be ucumd by such �ens on the � � ee , � ,portlofts of said premixa affeMed�thereby to the extent of such payments,respectively. , �' ��.(4) Whenever, by�tlie terms of this.instrument or of said Promissory Note,Mortgngee is given any option,such option may be exercised when the right � acerues�or�•at any"time�thenafter, and'no acceptance�by�Mortgugee bF paymrnt of indebtedness in default shall constitute a wsiver oF any default thcn exntuig and continuing or therestter accruing. � +��' � �� y", (5) By�acxpttng payment of any sum accrued hereby after its due date,mortgagee docs not wnive its right either to reyuirc prompt payment when due �-of all othv suma so ucuied ar to declare defauit for failure so to pay..IC Mortgagor shall pay said Promissory Note at the timc rnd in the manner aforesaid '� '�" � � and shall abide by,wmply with,and duly perCorm all the covenanLs and agreemrnts he�ein,then this cunveyunce shall be nuil end wid. � zs-osve lncv.�0-��1 . � �